Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 35
Thursday, October 5, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Campbell, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, Di Nino, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Campbell, *Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, *Dawson, Day, *De Bané, Di Nino, *Downe, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, *Smith, *Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
The Honourable Senator Kirby informed the Senate of his resignation from the Senate, effective October 31, 2006.
Tribute was then paid to the Honourable Senator Kirby.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its second report (interim) entitled: Understanding the Reality and Meeting the Challenges of Living in French in Nova Scotia—Fact-Finding Mission to the Acadian and Francophone Communities of Nova Scotia, from September 19 to 23, 2005.—Sessional Paper No. 1/39-466S.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Tardif, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, presented its third report (budget—study on the application of the Official Languages Act—power to hire staff and to travel).
(The report is printed as an appendix)
With leave of the Senate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Tardif, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill S-5, An Act to implement conventions and protocols concluded between Canada and Finland, Mexico and Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The Honourable Senator Angus moved, seconded by the Honourable Senator Tkachuk, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Chaput:
That, in accordance with Section 49 of the Official Languages Act, R.S.C., 1985, Chapter 31 (4th Supp.), the Senate approve the appointment of Graham Fraser as Commissioner of Official Languages for a term of seven years.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Segal, for the second reading of Bill S-210, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Cools.
With leave of the Senate,
The Honourable Senator Banks tabled the following:
Document entitled: Agreement regarding the transfer of control and management of certain public lands in the Quebec portion of the National Capital Region, made this 1st day of August 1973 (Bilingual text); Order in Council P.C. 1973-4/ 437 of February 20, 1973 (Bilingual text); and "Arrêté en Conseil de la Chambre du Conseil exécutif'' No. 3736-72 of December 13, 1972 (French text).—Sessional Paper No. 1/39-467S.
Orders No. 10 to 13 were called and postponed until the next sitting.
Private Bills
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Cochrane, for the second reading of Bill S-1001, An Act respecting Scouts Canada.
After debate,
The Honourable Senator Hays moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the fourth report of the Standing Senate Committee on National Finance (Bill S-201, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes), with an amendment), presented in the Senate on October 3, 2006.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Eyton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Out of the Shadows at Last, deposited with the Clerk of the Senate on May 8, 2006.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Cochrane, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Consideration of the fourth report of the Committee of Selection (change in membership for the Official Languages Committee), presented in the Senate on October 4, 2006.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on National Security and Defence, entitled: Managing Turmoil, The Need to Upgrade Canadian Foreign Aid and Military Strength to Deal with Massive Change, tabled in the Senate on October 4, 2006.
After debate,
The Honourable Senator Cook moved, seconded by the Honourable Senator Campbell, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Official Languages, (budget—study on the application of the Official Languages Act—power to hire staff and to travel), presented in the Senate earlier this day.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Campbell, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Resuming debate on the inquiry of the Honourable Senator Fairbairn, P.C., calling the attention of the Senate to the State of Literacy in Canada, which will give every Senator in this Chamber the opportunity to speak out on an issue in our country that is often forgotten.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That the Senate urge the Government of Canada to reconsider its decision to discontinue the Court Challenges Program which has enabled citizens to seek redress and assert their rights guaranteed under the Constitution and particularly the Charter of Rights and Freedoms;
That the Standing Senate Committee on Official Languages be authorized to study and report on the benefits and results that have been achieved through the Court Challenges Program;
That the Committee submit its final report no later than December 22, 2006; and
That a message be sent to the House of Commons informing it that the Senate regrets the Government's decision to terminate the Court Challenges Program and urges it to take action to persuade the Government to reconsider that decision.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Comeau.
Orders No. 88 (motion), 5, 6, 9 (inquiries), 3 (motion), 8 (inquiry), 5, 10 (motions), 11 (inquiry), 9 (motion), and 4 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Dallaire calling the attention of the Senate to the situation in the Darfur region of Sudan and the importance of Canada's commitment to the people of this war-torn country.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
With leave of the Senate,
The Honourable Senator Fraser called the attention of the Senate to the contributions to the Senate of the Honourable Senator Kirby, who will resign October 31, 2006.
After debate,
The Honourable Senator Trenholme Counsell moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Fraser:
That the Second Report of the Standing Senate Committee on Fisheries and Oceans, tabled in the Senate on June 22, 2006, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the Government, with the Minister of Fisheries and Oceans and the President of the Treasury Board being identified as Ministers responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Standing Joint Committee for the Scrutiny of Regulations be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Nancy Ruth:
That the Special Senate Committee on the Anti-terrorism Act be empowered, in accordance with rule 95(3), to meet on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 17, 2006, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canada Lands Company Limited for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-453.
Reports of the Canadian Transportation Agency for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 454.
Reports of the Blue Water Bridge Authority for the fiscal year ended August 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/39- 455.
Report of the Office of the Superintendent of Financial Institutions, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Office of the Superintendent of Financial Institutions Act, R.S.C. 1985, c. 18 (3rd Supp.), Part I, s. 40.—Sessional Paper No. 1/39-456.
Report of the Financial Consumer Agency of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No. 1/39-457.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2006, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, sbs. 71(1).—Sessional Paper No. 1/39- 458.
Reports of the Department of Fisheries and Oceans for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 459.
Reports of the Northwest Territories Water Board for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 460.
Reports of the British Columbia Treaty Commission for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 461.
Reports of the Office of Indian Residential Schools Resolution of Canada for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 462.
Reports of the Mackenzie Valley Land and Water Board for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 463.
Reports of the Gwich'in Land Use Planning Board for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 464.
Reports of the Yukon Environmental and Socio-Economic Assessment Board for the fiscal year ended March 31, 2006, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 465.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:29 p.m. the Senate was continued until Tuesday, October 17, 2006 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Johnson (October 4).
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Comeau (October 5).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Nancy Ruth (October 5).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Eyton (October 5).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Stratton (October 5).
Standing Senate Committee on National Finance
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Comeau (October 5).